From: James Thompson (thompsonj@higgslaw.com)
Date: Mon Jun 03 2002 - 11:39:08 MDT
Any thoughts on this?
SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2002, Issue No. 49
May 31, 2002
** NEW FBI GUIDELINES HIGHLIGHT OVERSIGHT DEFICIT
** SECRET DEPORTATION HEARINGS RULED UNCONSTITUTIONAL
** PENTAGON READINESS REPORTS PRESERVED
** FACTUAL ERROR FOUND ON INTERNET
NEW FBI GUIDELINES HIGHLIGHT OVERSIGHT DEFICIT
It is a matter of common sense as well as good policy that any increase
in government authority should be matched by a corresponding increase in
oversight. But the newly augmented investigative authorities granted to
the Federal Bureau of Investigation conspicuously lack any provision for
new oversight.
The revised Attorney General's Investigative Guidelines announced
yesterday expand the ability of the FBI to conduct domestic
surveillance, and to exploit the Internet and commercial databases for
counterterrorism purposes, among other changes.
The new Guidelines ignore the history of the domestic surveillance
scandals of the 1970s and simply jettison many of the resulting
constraints on the FBI, without providing a compensating oversight
mechanism. But there is no reason that an aggressive and highly
competent FBI could not coexist with an effective and demanding system
of oversight.
Attorney General Ashcroft assured the public yesterday that the expanded
FBI powers would be used only "for purposes of preventing terrorism" and
would "not ... be abused for other purposes." But he did not indicate
exactly how abuses would be prevented or detected, short of a recurrence
of past excesses.
The new Investigative Guidelines were published yesterday on the Justice
Department web site. A copy (in large PDF files) along with related
materials on FBI reorganization may be found here:
http://www.fas.org/irp/agency/doj/fbi/index.html#2002
An initial critique of the substance of the new Guidelines prepared by
James X. Dempsey of the Center for Democracy and Technology is posted
here:
http://www.cdt.org/wiretap/may_30_guidelines.shtml
SECRET DEPORTATION HEARINGS RULED UNCONSTITUTIONAL
In a rebuff to the Bush Administration, a federal judge ruled this week
that the Administration's practice of conducting closed deportation
hearings against an untold number of September 11 detainees "violates
the Constitution."
The Court agreed that closed hearings may be appropriate in individual
cases to protect sensitive information, but found that to presumptively
close all immigration hearings connected with the September 11 terrorist
attacks was contrary to the First Amendment.
The May 29 decision by Judge John W. Bissell is posted here:
http://news.findlaw.com/hdocs/docs/terrorism/njmashcrft052902opn.pdf
The Justice Department was not happy with the decision, and was expected
to appeal. "The closure of these hearings is vital to the ongoing
efforts of law enforcement to take reasonable but necessary steps to
protect our national security," according to a press statement. "These
considerations will inform our decisions and response to the district
court's order." See:
http://www.fas.org/irp/news/2002/05/doj052902.html
Also this week a federal court in Washington heard arguments from the
Center for National Security Studies and other groups that September 11
detainee identities must properly be disclosed under the Freedom of
Information Act.
PENTAGON READINESS REPORTS PRESERVED
Congress rejected a Pentagon request to eliminate reporting requirements
on military readiness or, alternatively, to limit them to classified
formats, writes Elaine Grossman in Inside the Pentagon on May 30.
Outside analysts say the readiness reports enable them to contribute to
oversight of the vast defense budget. See:
http://www.fas.org/sgp/news/2002/05/itp053002.html
FACTUAL ERROR FOUND ON INTERNET
"The Information Age was dealt a stunning blow Monday, when a factual
error was discovered on the Internet," reported The Onion, the satirical
online magazine, on May 22. See "Factual Error Found on Internet" here:
http://www.theonion.com/onion3819/factual_error_found.html
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